Guddu Rai @ Rajnish Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1897 of 2016 Arising Out of PS.Case No. -141 Year- 2015 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Guddu Rai @ Rajnish Rai, Son of Shital Rai.

2. Dingaroo Rai, Son of Awadh Kishore Rai. Both are Resident of Village Purani Sarai Rampur Khurd, Harijan Tola Police Station- Nathnagar (Madhudanpur) District- Bhagalpur.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Radha Raman Verma For the Opposite Party/s : Mr. Ram Sumiran Rai(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-03-2016 Heard learned counsel, appearing on behalf of the petitioners, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Nathnagar (Madhusudanpur) P.S. Case No. 141/2015, disclosing offences under sections 147, 148, 341, 307 of the Indian penal Code and section 27 of the Arms Act.

Learned counsel for the petitioners submits that the allegation of assault is against Rajnish Yadav and Sitia Yadav of causing fire arm injury to the informant. He submits that similarly circumstanced co-accused Raaj has been granted anticipatory bail by this Court vide order dated 8.12.2015 passed in Cr.Misc.No. 55676/2015.

Patna High Court Cr.Misc. No.1897 of 2016 (4) dt.03-03-2016 Learned counsel for the petitioner appears to be right in his submission that the petitioners are similarly situated to that of the said co-accused Raaj.

Considering the submissions, as noted above, this application is allowed.

Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in Nathnagar (Madhusudanpur) P.S.Case No. 141/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C. This is subject to the condition that the petitioners shall present themselves before the police/ court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U